The Problem with the Law

Below is a Post from April 2007 about the Law:

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"Lately, I've been grumpy after my "Professional Responsibility" class. I am always shocked at the behaviour of lawyers. The mere fact that one has to ask the question, "Can a good person be a good lawyer?" is troubling to me.

I do like my professor though, Mr. Law (yes, his name is Law). He is asking the right questions about the law and the profession. Today he went on a bit of a rant about how we have too many laws and that this is a problem. I agree. I have become much more sympathetic to the anarchist cause since starting law school. Interesting.

Here is my brief argument for how the law has contributed to some negative trends in Canadian society:

1. A Sense of Entitlement
Though I am generally a supporter of the Charter of Rights and Freedoms, and of Human Rights initiatives, this focus on rights, especially on individual rights, has contributed to the sense of entitlement that Canadians seem to exude. People feel that they desire this or that; that they are entitled to more, to better. The law provides legitimacy for this attitude. The law provides a way for people to seek recognition of those rights (whether real or fabricated) and seek compensation for the violation of those rights. As a result, people want more. They are not patient. They do not work together. They cannot compromise. They cannot turn the other cheek or give up their cloak - because they are entitled to that cloak - it is theirs.

2. Money Solves All
The law can really only provide one remedy - money. Yes, there is jail time for people in criminal situations, but that is not a remedy for the victim, but for a punishment for the accused. The court cannot make people say "I'm sorry" and mean it. The court cannot force people to hug it out. The court can only grant compensation in monetary terms. What does this mean for society at large? It encourages us to believe that money does solve all, that riches equal happiness, that pain can be paid away. When disputes arise, people need healing, not money. And this can never be accomplished through the modern court system.

[a note from 2008 - after taking classes in restorative justice and ADR I know there are alternatives to monetary solutions, but they still dominate legal remedies]

3. Advisarial Interactions
There are moves to solve problems through mediation. However, the traditional adversarial system is alive and well. The system that pits me against you. One winner, one loser. And so, we go through life with a me-vs-you worldview. Look out for yourself, take care of number 1, screw everyone else. This does not foster community. This does not foster cooperation. This does not promote creativity. This destroys relationships.

4. Law as Morality
It seems to me that many of us have allowed the law to define morality for us. This is very dangerous. The law can only set a minimum standard. Many immoral things are legal. We must always strive to exceed what is required by law. If I see someone drowning, I am not required by law to save them. There are many good policy reasons for this. But, if I watched a person drown, knowing full well I could save them, I would have made a terrible, immoral choice. The law is not a moral code - morality and legality many be connected but they should never become synonymous. Unfortunately, for many, they have.

Now, I certainly wouldn't say law is the root of all evil. The law has many necessary functions and often improves human interactions. But we have to be careful about what messages our particular system of law is sending us, and how we are responding to it.

In Christian circles, many people criticize others for being too "legalistic" - for caring only for the rules and not getting at the heart of God's law, for not living by the Spirit. Let us not become too legalistic in a secular sense either (and may I suggest it is also inappropriate to separate out the secular from the spiritual).

I hope in my own life I can live with wisdom and know what actions are moral, not just which are legal. I hope in my own life I can see the needs of others and not demand what is mine. I hope in my own life I can live as a member of a community and in whole, loving relationships. I hope in my own life I can view money only as a tool to accomplish the work that must ultimately begin and end in love. I hope in my own life I can rise above the law. [And now, in 2008, I would add that, I hope to participate in those justice initiatives that are already going on that address the above criticisms.] "

For the Love of Public Transit

Below is something I posted in February 2007 (one year ago) that I still like, so I am reposting it here.

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"As noted in my last post, I sold my car a few weeks ago. I was sad then, but my love of public transportation has relieved many of those negative feelings. Now, let me tell you why I love the bus so much.
Sitting on the bus, I do not have to do anything. I sit, I look out the window and see new things I have not noticed before, I listen to music. I do not have to worry about my driving, I just have to be there. Our lives can get too hurried, but on the bus, we just have to sit and that change of pace is so wonderful. It may not seem wonderful at times though. I am now at the mercy of the bus schedule. No longer do I decide when I leave or when I arrive. How is this a good thing? Well, I think its a wonderful lesson to learn everyday: it's not about me. Having to be on someone else's schedule is, I think, spiritually healthy. I have to plan around the bus, I have to manage my time appropriately, I have to leave room in my schedule for travelling, which means I also get room to breathe. I can't do as much if it means travelling from one end of the city to the other and that also slows me down. Patience is not valued in our world today, but I am forced to learn it on the bus. And that will flow into the rest of my life.
Another lesson learnt from the bus that is of being placed in uncomfortable situations. Let's be serious, some people on the bus stinck, some say weird things, some don't look so good. And when I'm on the bus with those people, there's no where to escape. I have to confront my discomfort. This, too, is a very good thing; something that I think is also spiritually healthy. And again, something that can have positive effects on other aspects of life. I can handle not be comfortable. Who ever said comfort was ideal. Comfort doesn't take me anywhere, it just leads to complacency.
Finally, the bus is a community. Now, I am not known for being the friendliest person, and in all honesty I usually have headphones on when I ride the bus, but that doesn't stop people from talking to me. And if I were friendlier, I would have people to talk to. There is no opportunity to build community when sitting in car (except with those inside your car, and you likely already know them), but on the bus or at the bus stop, there is nothing but opportunity. And this too is spiritually healthy. The bus connects me to people that I wouldn't otherwise connect to. There we all sit, going in the same direction, seeing the same things, together.
This slowing down is something I really value. Not that my life was crazy hectic before, but I think keeping things slow, having time to contemplate (perhaps even pray), having time to see the world around me, especially the people around me, is where I want to be.
Not to mention the environmental benefits.
Though it has been annoying at times not having a car, and I am certainly glad the weather is warming, I have thoroughly enjoyed my bus rides."

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I now have my car back. I am glad in this -40 degree weather and I have been using it a lot. But I still ride the bus a lot. And I still love it. (Except for the waiting in -40 degree weather thing.)

the remedy

one of my favourite places is remedy on 109 st.

i'm there right now.

if i ever open a cafe/restaurant, it will be like this. you can hang out, study, or start blogs for hours on end. the food is great and there are vegetarian options. it can be pretty messy though, especially the wraps, so if you plan on going on a date here and want to impress your guy or gal with your ability to keep food off your face, stay away. and it makes you (me) sweaty, so if that's also an issue, be warned.

there are always people here that i wish i knew. if i were outgoing i would just start conversations with them. like the boy to my right and his thick dark-rimmed glasses. man, i like thick dark-rimmed glasses. if he also had a beard and a cardigan, i might not be able to contain myself.

the beginning

i should be researching my 'law and terrorism' paper right now.

that's why i started a blog.